In Presidential Statement, Council Condemns Failure to Comply
With Orders of International Criminal Tribunal for Former Yugoslavia
The Security Council this afternoon condemned the failure of the
Republika Srpska and the Federal Republic of Yugoslavia (Serbia and
Montenegro) to execute arrest warrants against Radovan Karadzic and Ratko
Mladic, as well as the failure of the Bosnian Croat leadership and the
Croatian Government to comply with the orders of the International Criminal
Tribunal for the Former Yugoslavia regarding several persons indicted for war
crimes.
Through a statement read out by its President, Tono Eitel (Germany), the
Council stressed that compliance with the International Tribunal was essential
to implementing the General Framework Agreement for Peace in Bosnia and
Herzegovina, and expressed its readiness to consider the application of
economic enforcement measures to ensure compliance by all parties.
The Council noted that, as a first step, Radovan Karadzic had handed
over his executive powers in Republika Srpska on 30 June and had agreed to
cease all political and official activities. Stressing that all States and
concerned parties had an obligation to comply with requests for assistance or
orders issued by a trial chamber, the Council demanded the full cooperation of
all parties in the immediate execution of all arrest warrants and the transfer
to the Tribunal of all indicted persons.
Also by that statement, the Council stressed the importance of the
forthcoming elections in Bosnia and Herzegovina, which would allow for the
establishment of common institutions and would be an important milestone for
normalization in the country. The Council called upon the parties to ensure
the prompt functioning of those institutions after the elections.
With respect to Mostar, the Council stressed the importance of the
agreement reached by the Bosniac and Bosnian Croat leaderships in that city
that had, at last, secured Bosnian Croat participation in a unified city
administration on the basis of the election results of 30 June. "The Council
expects the Bosniac and Bosnian Croat leaderships in Mostar to implement this
agreement fully and without delay, and stresses that failure to do so would
seriously undermine crucial efforts to ensure lasting peace and stability in
Bosnia and Herzegovina." The Council called on both leaderships to cooperate
fully with the European Union Administration of Mostar (EUAM) and called on
the Croatian Government to use its influence on the Bosnian Croat leadership
to ensure full compliance with its obligations.
Underlining that the continued lack of progress in transferring
authority and resources to the Federation of Bosnia and Herzegovina was a
potential danger for the peace implementation process, the Council called on
the Federation partners to accelerate their efforts for the establishment of a
fully functioning Federation, which was an essential prerequisite for peace in
the country.
The Council noted with particular concern that the parties were not
implementing their human rights commitments, thus, impeding the return of
refugees. It condemned all acts of ethnic harassment and called upon the
parties to immediately take the measures identified in the report of the High
Representative to stop the trend of ethnic separation in the country and in
Sarajevo, and to preserve their multi-cultural and multi-ethnic heritage.
The Council also condemned any threat or act of violence directed
against international personnel in Bosnia and Herzegovina, particularly the
United Nations International Police Task Force. It also condemned the
obstacles put in the way of forensic investigations carried out by
international organizations in the Republika Srpska and in the Federation of
Bosnia and Herzegovina. The parties were called upon to lift those obstacles
and to ensure full freedom of movement and safety for all international
personnel.
The meeting, which was called to order at 12:49 p.m., was adjourned at
1:06 p.m.
The full text of the statement, to be issued as document S/PRST/1996/34,
reads as follows:
"The Security Council has considered the report of the High
Representative for the Implementation of the Peace Agreement on Bosnia and
Herzegovina annexed to the letter from the Secretary-General to the President
of the Council of 10 July 1996 (S/1996/542).
"The Security Council expresses its full support for the conclusions
reached at the Peace Implementation Council in Florence, Italy, on 13-14 June
1996 (S/1996/446). It stresses the importance of the forthcoming elections in
Bosnia and Herzegovina, to be carried out in accordance with the General
Framework Agreement for Peace in Bosnia and Herzegovina and the annexes
thereto (collectively the Peace Agreement, S/1996/999, annex), which will
Security Council - 3 - Press Release SC/6253
3687th Meeting (PM) 8 August 1996
allow for the establishment of the common institutions and which will be an
important milestone for normalization in Bosnia and Herzegovina. It calls
upon the parties to ensure the prompt functioning of these institutions after
the elections. It supports the preparatory work done in this regard.
"The Security Council expects the parties to increase their efforts
towards the maintenance and further enhancement of conditions necessary to
ensure democratic elections, as provided for in article I of annex 3 of the
Peace Agreement, and to abide fully by the results of those elections. In
that context, the Council stresses the importance of the agreement reached by
the Bosniac and Bosnian Croat leaderships in Mostar and facilitated by the
European Union Administration of Mostar (EUAM) that has at last secured
Bosnian Croat participation in a unified city administration in Mostar on the
basis of the election results of 30 June 1996. The Council expects the
Bosniac and Bosnian Croat leaderships in Mostar to implement this agreement
fully and without delay, and stresses that failure to do so would seriously
undermine crucial efforts to ensure lasting peace and stability in Bosnia and
Herzegovina. It expresses its full support for the international
organizations which are currently working in Mostar, and in particular for the
EUAM, and calls on both leaderships to cooperate fully with the EUAM. It
calls on the Government of the Republic of Croatia, which bears a special
responsibility in this context, to continue to use its influence on the
Bosnian Croat leadership to ensure full compliance with its obligations. The
Council will continue to follow closely the situation in Mostar.
"The Security Council underlined that the continued lack of progress in
transferring authority and resources to the Federation of Bosnia and
Herzegovina is a potential danger for the peace implementation process. The
Council calls upon the Federation partners to accelerate their efforts for the
establishment of a fully functioning Federation which is an essential
prerequisite for peace in Bosnia and Herzegovina.
"The Security Council notes with particular concern the conclusions of
the report of the High Representative on the implementation of the human
rights provisions of the Peace Agreement that the parties are not implementing
their commitments in respect of human rights, and that this failure is
impeding the return of refugees. It condemns all acts of ethnic harassment.
It calls upon the parties to the Peace Agreement to take immediately the
measures identified in the report to stop the trend of ethnic separation in
the country and in its capital, Sarajevo, and to preserve their multi-cultural
and multi-ethnic heritage. The Council deeply regrets the undue delay in
implementing measures regarding, inter alia, the development or creation of
new independent media and the preservation of property rights, and calls upon
each party to implement them immediately. The Council is ready to consider
further reports by the Office of the High Representative on all aspects of the
implementation of the Peace Agreement, including those mentioned above.
Security Council - 4 - Press Release SC/6253
3687th Meeting (PM) 8 August 1996
"The Security Council stresses that, under the Peace Agreement, persons
indicted by International Tribunal for the Former Yugoslavia who have failed
to comply with an order to appear before the Tribunal may not stand as a
candidate or hold any appointive, elective or other public office in the
territory of Bosnia and Herzegovina. Any continued holding of such an office
is unacceptable. In this context, the Council notes the fact that, as a first
step, Radovan Karadzic, after officially handing over his executive powers in
Republika Srpska on 30 June 1996, agreed on 19 July 1996 to cease definitively
all political and official activities, thus facilitating the electoral process
in Bosnia and Herzegovina. The Council expects this undertaking to be
implemented fully and in good faith, and will closely monitor further
developments.
"The Security Council stresses that all States and concerned parties
have an obligation, in accordance with resolution 827 (1993) of 25 May 1993,
other relevant resolutions and the Peace Agreement, to cooperate fully with
the International Tribunal and to comply without exception with requests for
assistance or orders issued by a trial chamber. The Council has considered
the letter from the President of the International Tribunal of 11 July 1996
(S/1996/556), which referred to the conclusion of the Trial Chamber of the
International Tribunal regarding the failure to execute the warrants of arrest
issued against Radovan Karadzic and Ratko Mladic due to the refusal of the
Republika Srpska and the Federal Republic of Yugoslavia to cooperate with the
Tribunal. It condemns this failure to execute these arrest warrants. The
Council notes the recent visit by the delegation from the Republika Srpska to
the International Tribunal in The Hague for the purpose of discussing all
aspects of cooperation with the Tribunal, and expects that cooperation with
the Tribunal to bring to justice all persons indicted will be realized. The
Council condemns the failure to date of the Bosnian Croat leadership and the
Croatian Government to comply with the order of the International Tribunal
regarding several persons indicted for war crimes. The Council demands the
full cooperation of all parties concerned in the immediate execution of all
warrants of arrest and the transfer to the Tribunal of all persons indicted,
in accordance with article 29 of the Statute of the Tribunal. The Council
further condemns any attempt to challenge the authority of the International
Tribunal. The Council underlines the importance of the obligations undertaken
by the parties to the Peace Agreement to cooperate fully with the
International Tribunal and stresses that failure to arrest and transfer
persons indicted by the Tribunal is a violation of these obligations. The
Council stresses that compliance with the requests and orders of the
International Tribunal constitutes an essential aspect of implementing the
Peace Agreement, as provided by previous resolutions; the Council is ready to
consider the application of economic enforcement measures to ensure compliance
by all parties with their obligations under the Peace Agreement.
Security Council - 5 - Press Release SC/6253
3687th Meeting (PM) 8 August 1996
"The Security Council condemns any threat or act of violence directed
against international personnel in Bosnia and Herzegovina, in particular those
directed against personnel belonging to the United Nations International
Police Task on the territory of the Republica Srpska. It condemns also the
obstacles put in the way of forensic investigations carried out by
international organizations on the territory of the Republika Srpska, as well
as on the territory of the Federation of Bosnia and Herzegovina. It calls
upon all parties to lift those obstacles and ensure full freedom of movement
and safety for all international personnel.
"The Security Council reiterates its full support for the High
Representative and for all international organizations currently working in
Bosnia and Herzegovina for the implementation of the Peace Agreement. The
Council stands ready to consider the need for further action in order to
continue and consolidate the efforts made for full implementation of the Peace
Agreement. The Council welcomes all initiatives which will lead to a greater
degree of stability and cooperation in the whole region."
High Representative's Report
The report of the High Representative for the Implementation of the
Peace Agreement on Bosnia and Herzegovina was transmitted to the Council in a
letter dated 9 July from the Secretary-General to the Council President
(document S/1996/542). The report provides a detailed account of developments
from the beginning of March to the end of June in such areas as economic
reconstruction; preparations for elections; freedom of movement; return of
refugees and displaced persons; missing persons and mass graves; release of
prisoners and cooperation with the International Criminal Tribunal for the
Former Yugoslavia; human rights; mine clearance; and regional stabilization.
The report's appendix I contains the Chairman's conclusions of the Peace
Implementation Council, which met in Florence from 13 to 14 June. Appendix II
covers the implementation of the human rights provisions of the Peace
Agreement.
The report's final section, entitled "Looking Forward", states that
after six months of peace implementation, the record is mixed. Great progress
has been achieved in the daily lives of ordinary people, but "peace as the
continuation of war by other means is still dominating over peace as genuine
reconciliation after the horrible years of war". The economy is coming back
to life, but massive problems remain. While some refugees and displaced
persons are returning to their homes, they are mostly returning to majority
areas. Further, the number of new refugees and displaced persons generated as
a result of the transfers of territories exceeds the number returning after
the war.
Security Council - 6 - Press Release SC/6253
3687th Meeting (PM) 8 August 1996
The High Representative expresses serious concern with the fact that the
parties are not implementing their human rights commitments. Of particular
concern is the encouragement or tolerance of ethnic harassment. "This causes
the country to drift apart in a development that is contrary to the declared
aim of re-establishing a multi-ethnic society." The parties are also not
cooperating with the International Criminal Tribunal.
The task of organizing elections is far from easy, according to the
report. The High Representative expresses particular concern about the lack
of objectivity of existing media, and states that he is working to facilitate
the development of independent media networks across the country in order to
improve the climate for the elections. "The elections are the key to setting
up the common institutions without which it is almost certain that the country
will continue to be partitioned, or perhaps even drift even further apart."
He stresses that the international community must safeguard the
integrity of the structures agreed upon in the Peace Agreement. "We must be
firm in preserving the internationally recognized united state of Bosnia and
Herzegovina, although this will not be a unitary state, but a highly
decentralized one with more extensive devolution of key responsibilities to
the two entities than seen anywhere else in the world."
The High Representative goes on to say that in spite of all the obvious
problems, "I remain convinced that the goals of the Peace Agreement can be
achieved". He adds that it would be naive to believe that this could be done
in one short year and that it will happen without an active involvement of the
international community. "It is my view that our involvement must not only be
longer in time than in 1996, but also wider in geographic scope in view of the
interrelationship between the different areas of tension in south-eastern
Europe."
* *** *
